Dwayne Nichols is charged with the theft of a roto-tiller. The state appeals the grant of the defendant's motion to suppress the admission of the roto-tiller in evidence.

The owner testified that he inquired of persons living nearby whether they knew anything about a roto-tiller missing from his land. He learned that the defendant had expressed a desire for the roto-tiller and also that the defendant had been on his property two days before the roto-tiller was discovered missing. An officer from the sheriff's department, accompanied by the owner, proceeded to the defendant's mobile home to talk to him. The defendant was not there; however, the owner was able to identify a roto-tiller located on the defendant's property near the trailer as his own. The roto-tiller was seized and taken to the sheriff's office. Held:

The state concedes that the roto-tiller was within the curtilage of the defendant's home. "Prima facie, a search made within the curtilage of the owner without a warrant is unconstitutional and void. 'Curtilage' includes the yards and grounds of a particular address, its gardens, barns, buildings, etc." Norman v. State, 134 Ga. App. 767, 768 (216 SE2d 644) (1975). Generally, "[w]arrantless searches are improper absent exigent circumstances, at least when the investigating officers have intruded upon the curtilage for the purpose of conducting a search for criminal activity." United States v. Williams, 581 F2d 451, 453 (5th Cir. 1978).